Statutes, codes, and regulations
Wyoming Administrative Code
Agency 053 - Workforce Services, Department ofSubagency 0014 - OSHA - Practice & Procedure
Chapter 3 - ENFORCEMENT
Section 3-6 - Penalties

053-3 Wyo. Code R. § 3-6

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Current through April 27, 2019
Section 3-6 - Penalties

(a) The authority for penalties is provided in Wyoming. Statutes §§ 27-11-107 and 27- 11-108 of the Act.

(b) The Department adopts the penalties, as of January 2, 2018, for Wyo. Stat. § 2 7 -11-107(b)-(d), (f) and (g) as found at: https://www.osha.gov/penalties.html.

  • (i) Willful violation. The penalty per willful violation under Section 17(a) of the Act, 29 U.S.C. 666(a), shall not be less than $9,235 and shall not exceed $129,336.
  • (ii) Repeated violation. The penalty per repeated violation under Section 17(a) of the Act, 29 U.S.C. 666(a), shall not exceed $129,336.
  • (iii) Serious violation. The penalty for a serious violation under Section 17(b) of the Act, 29 U.S.C. 666(b), shall not exceed $12,934.
  • (iv) Other-than-serious violation. The penalty for an other-than-serious violation under Section 17(c) of the Act, 29 U.S.C. 666(c), shall not exceed $12,934.
  • (v) Failure to correct violation. The penalty for a failure to correct a violation under Section 17(d) of the Act, 29 U.S.C. 666(d), shall not exceed $12,934 per day.
  • (vi) Posting requirement violation. The penalty for a posting requirement violation under Section 17(i) of the Act, 29 U.S.C. 666(i), shall not exceed $12,934.
  • (vii) This rule does not include any later amendments or editions of the incorporated matter.

(c) When determining the amount of any proposed penalty, consideration shall be given to the appropriateness of the penalty with respect to the size of the business of the employer, the gravity of the violation, the good faith of the employer, and the history of previous violations.

(d) Appropriate penalties may be assessed with respect to an alleged violation even though after being informed of such alleged violation by the Department representative, the employer immediately abates, or initiates steps to abate the alleged violation. Penalties shall not be proposed for de minimis violations which have no direct or immediate relationship to safety or health.

(e) Payment of all fines and penalties imposed under this section shall be made to the county treasurer of the county in which the violation occurs to be credited to the county school fund in accordance with Article 7, Section 5 of the State Constitution.

(f) The Department shall not seek court action for the purpose of obtaining abatement or assessment of penalty against any employer for violation of the Act, or any rule, regulation or standard under the Act, until a fifteen (15) working day period has lapsed after the receipt of the Citation and Notification of Penalty by the employer.

(g) State and local government employers, agencies or departments shall not pay nor be assessed a monetary penalty for a violation of the Act; rules, regulations or standards promulgated under the Act; or any rule published in the rules or practice and procedure, but shall receive a notification of any violations and shall be as accountable as private employers. State and local government employers, agencies or departments shall be subject to all provisions other than monetary penalties the same as the private sector as provided in the State of Wyoming Occupational Health and Safety Act, Rules of Practice and Procedure, and rules and regulations promulgated by the Commission for Department enforcement; which means that State and local government employers are subject to court action, injunctions and all enforcement proceedings.

(h) The OSHA Commission will review the federal cost index annually to determine any changes to the penalties with a vote.

053-3 Wyo. Code R. § 3-6

Amended, Eff. 5/16/2017.

Amended, Eff. 12/12/2017.

Amended, Eff. 5/1/2018.